Child protection investigations – no further action necessary? – Transparency Project

Posted July 23rd, 2021 in care orders, children, families, local government, news, social services by sally

‘Are hundreds of thousands of families being put through unnecessary investigations by unchecked social workers? That’s the suggestion made by a succession of recent news stories, some prompted by the first report of the Independent Review of Children’s Social Care. Services are ‘too focused on investigating families’, went the BBC; ‘innocent families have been traumatised by groundless investigations’, said The Times as part of a series on the issue, elsewhere reporting that ‘councils … launch abuse investigations based on a single unexplained mark’, and asserting ‘social workers too quick to wade in’, quoting the Review’s chair, Josh Macalister, as saying that social workers are ‘investigating first when [they] should be helping’.’

Full Story

Transparency Project, 23rd July 2021

Source: www.transparencyproject.org.uk

Judge praises council for “brave but proper decision” to end care proceedings – Local Government Lawyer

‘A Family Court judge has praised the London Borough of Bromley for its “brave but proper decision” to end care proceedings in case where a child was suspected to have suffered deliberate injury but was later found not to.’

Full Story

Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal by council as judgment in childcare proceedings did not contain required analysis of competing options – Local Government Lawyer

Posted July 14th, 2021 in adoption, appeals, care orders, children, families, judges, local government, news by tracey

‘The Court of Appeal has allowed an appeal by a council over a judge’s order that effectively rejected the local authority’s care plan for adoption for an 18-month-old child (A).’

Full Story

Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Family Court judge issues ruling to highlight successful use of “Resolutions Model” – Local Government Lawyer

‘A mother and daughter have been reunited under the rarely used ‘Resolutions Model’ by the Family Court.’

Full Story

Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Discharge of a Care Order – Court of Appeal summarises the test to be applied – Becket Chambers

Posted June 24th, 2021 in care orders, chambers articles, children, news by sally

‘In TT (Children: Discharge of Care Order) [2021] EWCA Civ 742 the Court of Appeal sets out the tests to be applied on an application to discharge a care order and also considered the relevance of attachment theory in welfare evaluations. Mostyn J’s approach to these issues in the recent case of GM v Carmarthenshire County Council [2018] EWFC 36, [2018] 3 WLR 1126 (‘GM”) was overruled.’

Full Story

Becket Chambers, 15th June 2021

Source: becket-chambers.co.uk

High Court rejects ‘failure to remove’ abuse claim – UK Human Rights Blog

‘In a significant adverse judgment for child abuse claimants, DFX v Coventry City Council [2021] EWHC 1382 (QB), Mrs Justice Lambert rejected a claim brought by a number of claimants who alleged that the defendant council’s social services negligently delayed in instigating care proceedings and that had they been removed from the family home earlier they would have avoided serial abuse at the hands of their parents.’

Full Story

UK Human Rights Blog, 14th June 2021

Source: ukhumanrightsblog.com

Judge dismisses application by birth parents for boy in interim care to be circumcised before second birthday – Local Government Lawyer

‘A High Court judge has dismissed an application by a mother for a boy (P), who is aged 21 months and in interim care, to be circumcised in accordance with the custom of the Muslim faith before his second birthday.’

Full Story

Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

When Two Worlds Collide – the interplay of SGOs and care orders in light of F v G [2021] EWCA Civ 622 – Family Law Week

Posted June 11th, 2021 in appeals, care orders, children, families, guardianship, local government, news by tracey

‘Madeleine Whelan, barrister of Fourteen, analyses a recent Court of Appeal case that highlights the flexibility of the Children Act.’

Full Story

Family Law Week, 9th June 2021

Source: www.familylawweek.co.uk

Research shows rising number of public law cases involving newborn babies, highlights short notice given to most parents – Local Government Lawyer

Posted June 8th, 2021 in birth, care orders, children, news, notification, reports, statistics by sally

‘In the majority of public law cases involving newborn babies parents are given very little formal notice that care proceedings have been issued and the case is to be heard in court, research by the Nuffield Family Justice Observatory (FJO) has shown.’

Full Story

Local Government Lawyer, 7th June 2021

Source: www.localgovernmentlawyer.co.uk

Newborn care report sparks judicial response – Law Society’s Gazette

‘Judges are to investigate the use of urgent hearings in proceedings involving babies, after a study found that 85% of mothers in cases involving newborns being taken into care were given less than seven days’ formal notice.’

Full Story

Law Society's Gazette, 4th June 2021

Source: www.lawgazette.co.uk

‘Overwhelming and emotionally traumatic’: 1 in 6 new mothers only given a day’s notice of care proceedings, research says – The Independent

‘One in six mothers involved in care proceedings over the last year were given just a day’s notice of a court hearing to decide whether their newborn child would be taken into care, according to research. The vast majority of such women in England and Wales receive less than one week’s notice, new analysis shows.’

Full Story

The Independent, 5th June 2021

Source: www.independent.co.uk

Postcode lottery for baby care orders – judge – BBC News

‘Care order applications are usually made when social workers decide a mother is unable to look after her child on her own. The baby will probably go into foster care and it may be adopted.’

Full Story

BBC News, 4th June 2021

Source: www.bbc.co.uk

Misdiagnosis case update – Transparency Project

‘The purpose of this judgment is to approve and formalise the local authority’s decision to withdraw its application for care orders, following receipt of medical evidence that the baby did not suffer any non-accidental injury. As the judge points out, the local authority acted correctly in taking proceedings when it did, on the basis of earlier medical evidence (now known to be mistaken), and has also acted correctly in asking the court to agree to end the proceedings on the basis of the new, more specialist, evidence.’

Full Story

Transparency Project, 18th May 2021

Source: www.transparencyproject.org.uk

Divisional Court hands down key ruling on interaction of diplomatic immunity and child protection – Local Government Lawyer

Posted May 18th, 2021 in care orders, children, diplomats, human rights, immunity, local government, news by sally

‘The Divisional Court has rejected an application by a council concerned about the welfare of children of a diplomat for a declaration that the Vienna Convention on Diplomatic Relations (VCDR) breaches Articles 3 or 6 of the European Convention on Human Rights.’

Full Story

Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

Lies and Lucas in the Family Court – Local Government Lawyer

‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’

Full Story

Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

Coercive control and children’s welfare in Re H-N and Others – Family Law

‘When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These “private law orders” can form part of a consent order, as in Re B-B. Others, are made under Sections 8(1)(a)-(b) and 9 of the Children Act 1989 specifying powers, amongst other things, to decide with whom a child is to live and when a child is to have contact. In 2019-2020, around 22,000 such applications were made involving some allegation of domestic abuse by one adult against another (para 3) with instances of domestic abuse rising because of Covid-19 (ONS, 2020). Consequently, the question of how allegations of abuse within family proceedings remains an urgent matter of concern. However, despite increasing recognition of coercive control as being central to understanding domestic abuse, it remains less well understood in the context of proceedings related to the future care of children. As explained by the Harm Panel in its Report: the approach to such allegations is “implemented inconsistently” and is “not effective” in its principal purpose of protecting victims (Harm Panel (2020) 7.1).’

Full Story

Family Law, 7th May 2021

Source: www.familylaw.co.uk

Fairness to birth parents in adoption hearings – Transparency Project

‘This case was an application by a birth mother for permission to appeal against a decision in the High Court that had refused her leave to apply to oppose an adoption order – Re S (A Child) [2021] EWCA Civ 605.’

Full Story

Transparency Project, 6th May 2021

Source: www.transparencyproject.org.uk

High Court judge revokes adoption orders after acknowledging “exceptional circumstances” – Local Government Lawyer

Posted May 6th, 2021 in adoption, care orders, human rights, local government, news by sally

‘A judge in the Family Division of the High Court has revoked adoption orders for an 18 year old (A) and a 16 year old (B) after concluding that there were “compelling highly exceptional and particular circumstances” that supported such a step.’

Full Story

Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Council fails in appeal over direction by judge that parents and child should undergo residential assessment – Local Government Lawyer

Posted May 4th, 2021 in appeals, care orders, children, local government, news by tracey

‘A Family Court judge has rejected an appeal brought by a local authority against a case management decision by a district judge pursuant to s 38(6) of the Children Act (1989) directing that the parents and the subject child (“L”) should undergo a residential assessment.’

Full Story

Local Government Lawyer, 3rd May 2021

Source: www.localgovernmentlawyer.co.uk

F (A Child : Adjournment) [2021] EWCA Civ 469 – Transparency Project

‘This case is about a little boy, J, who was approaching three years of age at the time the decision was made. His mother was 19 when J was born and she was living with J’s father. The local authority issued care proceedings in relation to J in August 2018. The proceedings began as J suffered a number of injuries whilst he was in the care of his mother and a Mr K. At a hearing before His Honour Judge Jack (‘the Judge’) findings were made that the mother had suffered serious abuse at the hands of J’s father.’

Full Story

Transparency Project, 12th April 2021

Source: www.transparencyproject.org.uk